Solicitation - FA500024B0003.pdf
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- Hazardous Materials Abatement Contract - IDIQ
- Solicitation number
- FA500023B0003
About this file
This document is a Solicitation for a Hazardous Materials Abatement Construction Indefinite Delivery Indefinite Quantity (IDIQ) contract. The purpose of the contract is to provide hazardous material sampling, testing, abatement, and remediation services to support the maintenance, repair, alteration, and clean-up of real property facilities at Joint Base Elmendorf-Richardson (JBER). The work includes a broad range of tasks across various trades such as limited scope demolition, structural repairs, and mechanical/electrical/plumbing work. The contract is a 100% small business set-aside with an overall IDIQ magnitude between $5,000,000 and $10,000,000 and an initial seed project magnitude between $25,000 and $100,000. Questions on the solicitation are due by May 22, 2024 at 1:00 PM AKDT. Bid bonds will be required at the task order level for the seed project, with a minimum guarantee of $500 and a maximum per order of $500,000.
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
9. FOR
INFORMATION CALL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
SOLICITATION
1. SOLICITATION NUMBER
5. REQUISITION/PURCHASE REQUEST NUMBER
CODE
6. PROJECT NUMBER
8. ADDRESS OFFER TO
4. CONTRACT NUMBER
7. ISSUED BY
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and
b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than
STANDARD FORM 1442 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
is, is not required.
local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.
calendar days and complete it within calendar days after receiving
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
12b. CALENDAR DAYS
2. TYPE OF SOLICITATION
SEALED BID (IFB)
INVITATION FOR BID
NEGOTIATED (RFP)
REQUEST FOR PROPOSAL
3. DATE ISSUED PAGE OF PAGES
Created On:
06 May 2024, 16:08 PM Central Daylight Time
AWARD (To be completed by Government)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
OFFER (Must be fully completed by offeror)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
CODE FACILITY CODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
21. ITEMS ACCEPTED:
22. AMOUNT
26. ADMINISTERED BY
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31c. DATE
STANDARD FORM 1442 (REV. 12/2022) BACK
31b. UNITED STATES OF AMERICA
BY
31a. NAME OF CONTRACTING OFFICER (Type or print)
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30b. SIGNATURE 30c. DATE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
copies to issuing office.) Contractor agrees to furnish
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
23. ACCOUNTING AND APPROPRIATION DATA
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES
CODE AT
27. PAYMENT WILL BE MADE BY
10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )
20b. SIGNATURE 20c. OFFER DATE
Section A - Solicitation/Contract Form
Hazardous Materials Abatement Construction Indefinite Delivery Indefinite Quantity (IDIQ)
Product Service Code: F108
FA500024B0003
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
Contractor shall provide all labor, parts, materials, equipment, tools, supervision and transportation necessary to perform Hazardous material sampling, testing, abatement, and remediation requirements needs for facilities on Joint Base Elmendorf Richardson (JBER) IAW Attachment 1 - Statement of Work (SOW) dated 12 December 2023. Task orders will be issued under the general contract to include a broad range of work to prepare remediation plans and abatement strategies to support the maintenance, repair, alteration, and clean-up of real property on JBER.
Projects will have tasks in a variety of trades including, but not limited to, limited scope demolition and repair of facility components, structural members, architectural features, systems, and finishes; and mechanical, electrical, and plumbing features and system incidental to remediation plans and abatement strategies.
Product Service Code: F108 Pricing Arrangement: Firm Fixed Price
1 Project
Section C - Description/Specifications/Statement of Work
Requirements The purpose of this program is to provide hazmat sampling, testing, abatement and remediation in accordance with (IAW) the Statement of Work (SOW), to include a broad range of work to prepare remediation plans and abatement strategies to support the maintenance, repair, alteration and clean up of real property. Variety of trades includes, but not limited to limited scope demolition and repair of facility components, structural members, architectural features, systems and finishes; and mechanical, electrical and plumbing features and systems incidental to remediation plans and abatement strategies. Contractor shall provide all labor, materials, equipment, tools and personnel necessary to provide hazmat sampling, testing, abatement and remediation to include developing, implementing and executing remediation plans with abatement strategies, work plans (where required) and estimates detailed in the SOW, all attached drawings and specifications.
NAICS Code: 562910
PSC/FSC: F108
Size Standard: $25M This requirement is a 100% small business set-aside.
IAW FAR 36.204 Disclosure of the Magnitude for the overall IDIQ
(g) Between $5,000,000 and $10,000,000
IAW FAR 36.204 Disclosure of the Magnitude for the seed project
(b) Between $25,000 and $100,000
All questions of this solicitation must be submitted by 22 May 2024 at 1:00 PM AKDT. Questions must be emailed to both of the following: Cassandra Woodard at cassandra.woodard@us.af.mil and Christopher Nelson at Christopher.Nelson.70@us.af.mil.
Bid Bonds shall be obtained at the task order level for the advertised seed project only (identified in attachment 24).
Minimum guarantee is $500 and maximum per order is $500,000.
DFARS Clauses Incorporated by Full Text
252.222-7000 Restrictions on Employment of Personnel (Mar 2000)
As prescribed in 222.7004, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Alaska, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.
(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.
(End of clause)
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.246-12 Inspection of Construction. Aug 1996
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC WARRIOR
JBER, AK 99506-3221
UNITED STATES
David Hendler Email: david.hendler@us.af.mil Telephone: (907) 384-3076
Section F - Deliveries or Performance
Overall Contract Delivery Period
From 13 Jun 2024 to 12 Jun 2029
From date of lead time event to beginning of performance 1 Calendar Days Date of Award Receipt
From date of lead time event to completion of performance 1825 Calendar Days Date of Award Receipt
Line Item Delivery Schedule Estimated Quantity
Address and POC
Delivery Schedule From date of lead time event to completion of performance 1825 Calendar Days Date of Award 1 Project
Period of Performance From 13 Jun 2024 To 12 Jun 2029
1 Project Place of Performance DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC
WARRIOR
JBER, AK 99506-3221
UNITED STATES
David Hendler Email: david.hendler@us.af.mil Telephone: (907) 384-3076
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.247-34 F.o.b. Destination. Nov 1991
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Construction Invoice
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Construction Invoice
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F1W3EA
Issue By DoDAAC FA5000
Admin DoDAAC FA5000
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) FA5000
Service Acceptor (DoDAAC) FA5000
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Alaska APEX, (907) 786-7258
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
FAR Clauses Incorporated by Reference:
52.214-27 Price Reduction for Defective Certified Cost or Pricing Data - Modification - Sealed Bidding (DEVIATION 2022-O0001) Oct 2021
52.222-41 Service Contract Labor Standards Aug 2018
52.222-42 Statement of Equivalent Rates for Federal Hires May 2014
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (Multiple Year and Option Contracts) Aug 2018
52.225-9 Buy American - Construction Materials Oct 2022
52.225-11 Buy American - Construction Materials Under Trade Agreements (DEVIATION 2020-O0019) Jul 2020
52.227-1 Authorization and Consent Jun 2020
52.237-10 Identification of Uncompensated Overtime Mar 2015
52.249-2 Termination for Convenience of the Government (Fixed-Price) Alt 1
FAR Clauses Incorporated in Full Text:
52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) (Oct 2022) Deviation 2021-O0008 (Feb 2023)
Use the following clause in lieu of the Federal Acquisition Regulation (FAR) clause 52.219-14, as prescribed at FAR 19.507(e):
LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--
(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and
(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.
(c) Applicability. This clause applies only to--
(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);
(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;
(4) Orders expected to exceed the simplified acquisition threshold and that are--
(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or
(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);
(5) Orders, regardless of dollar value, that are--
(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b) (2)(i) (F); or
(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and
(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.
(d) Independent contractors. An independent contractor shall be considered a subcontractor.
(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--
(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:
(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service.
Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.
(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
(f) The Contractor shall comply with the limitations on subcontracting as follows:
(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-- [Contracting Officer check as appropriate.] [ ] By the end of the base term of the contract and then by the end of each subsequent option period; or [X ] By the end of the performance period for each order issued under the contract.
(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.
(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.
(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
DFARS Clauses Incorporated in Full Text:
252.223-7001 Hazard Warning Labels.
As prescribed in , use the following clause: 223.303
HAZARD WARNING LABELS (DEC 1991)
(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:
(1) Federal Insecticide, Fungicide and Rodenticide Act;
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
(5) Federal Alcohol Administration Act.
(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
MATERIAL (If None, Insert "None.") ACT
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
FA500024B0003
https://www.acquisition.gov/dfars/part-223-environment-energy-and-water-efficiency-renewableenergy-technologies-occupational-safety-and-drug-free-workplace#DFARS_223.303
(End of clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
May 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
Jan 2017
52.204-2 Security Requirements. (Alternate II) Mar 2021 Alternate II Apr 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
Nov 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.214-26 Audit and Records-Sealed Bidding. Jun 2020 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Sep 2023 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. May 2018 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014
52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.
May 2014
52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
Sep 2013
52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-5 Pollution Prevention and Right-to-Know Information. (Alternate I) May 2011 Alternate I May 2011 52.223-6 Drug-Free Workplace. May 2001
52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.
Aug 2018
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-20 Aerosols. Jun 2016 52.223-21 Foams. Jun 2016 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Pledges of Assets (DEVIATION 2020-O0016) Feb 2021 Deviation 2020-O0016 Apr 2020 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
Apr 1984
52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. (Alternate I) Nov 1991 Alternate I Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Dec 2023 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
Postaward Disclosure of Employment of Individuals Who Work in the People's
252.225-7058 Republic of China. Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.236-7005 Airfield Safety Precautions. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Contractor Purchasing System Administration. May 2014
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. (Dec 1989)
As prescribed in , insert the following clause:4.103
Approval of Contract (Dec 1989)
This contract is subject to the written approval of and shall not be binding until so approved. Contracting Officer
(End of clause)
52.209-1 Qualification Requirements. (Feb 1995)
As prescribed in , insert the following clause:9.206-2
Qualification Requirements (Feb 1995)
(a) . "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance Definition demonstration that must be completed before award.
One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring (b) qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.
673 CONS/PKA
10480 Sijan Ave, JBER, AK 99501
If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant (c) information noted below should be provided.
Offeror's Name ____ Manufacturer's Name____ Source's Name ____ Item Name ____ Service Identification ____ Test Number ____ (to the extent known)
Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or (d) source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.
If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified (e) manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.
Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires (f) reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.
(End of provision)
52.211-10 Commencement, Prosecution, and Completion of Work. (Apr 1984)
As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within calendar days after the date the _TBD on the Task Order Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than date indicated per contract.* The time stated for completion shall include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(End of clause)
52.211-12 Liquidated Damages-Construction. (Sep 2000)
As prescribed in , insert the following clause in solicitations and contracts:11.503(b)
Liquidated Damages-Construction (Sept 2000)
If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.(TBD at the Task Order level)
If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.216-18 Ordering. (Aug 2020)
As prescribed in , insert the following clause:16.506(a)
Ordering (Aug 2020)
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or (a) activities designated in the Schedule. Such orders may be issued from through .June 13, 2024 June 12, 2029
All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task (b) order and this contract, the contract shall control.
A delivery order or task order is considered "issued" when-(c)
If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(1)
If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)
If sent electronically, the Government either-(3)
Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)
Distributes the delivery order or task order via email to the Contractor's email address.(ii)
Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)
(End of clause)
52.216-19 Order Limitations. (Oct 1995)
As prescribed in , insert a clause substantially the same as follows:16.506(b)
Order Limitations (Oct 1995)
. When the Government requires supplies or services covered by this contract in an amount of less than , the Government (a) Minimum order $500.00 is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
. The Contractor is not obligated to honor-(b) Maximum order
Any order for a single item in excess of ;(1) $500,000.00
Any order for a combination of items in excess of ; or(2) $5,000,000.00
A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) (3) _3_ or (2) of this section.
If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the (c) i.e., Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the _3 _ Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 Indefinite Quantity. (Oct 1995)
As prescribed in , insert the following clause:16.506(e)
Indefinite Quantity (Oct 1995)
This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of (a) supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to (b) the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be (c) issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the (d) time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; , that the Contractor shall not be required to make any deliveries provided under this contract after June 12, 2030.
(End of clause)
52.216-32 Task-Order and Delivery-Order Ombudsman. (Sep 2019)
As prescribed in , insert the following clause:16.506(j)
Task-Order and Delivery-Order Ombudsman (Sept 2019)
In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The (a) Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. AFICA/KH (Chief Enlisted Manager), 25 E Street, Suite B-100, JBPH-H, HI 96853-5427, Phone: (808) 449-8569, FAX: (808) 449-8571
Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).(b)
Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. (c) When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. (Sep 2023)
As prescribed in 19.309(c)(1), insert the following clause:
Post-Award Small Business Program Rerepresentation (Feb 2024)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it ____ is, _____ is not a small business concern under NAICS Code assigned to contract number 562910
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it , a small disadvantaged business concern as defined in 13 CFR 124.1001.____ is, ____ is not
FA500024B0003
https://www.sba.gov/document/support--table-size-standards.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it a women-owned small business concern.____ is, ____ is not
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it ____ is, ____ is a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique not entity identifier of each party to the joint venture: __.]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it ____ is, ____ is a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique not entity identifier of each party to the joint venture: __ .]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it a veteran-owned small business concern.____ is, ____ is not
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it a service-disabled veteran-owned small…
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